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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
A person who intends to divert farmland shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries, as prescribed by Presidential Decree.
Nevertheless, the Defendant did not obtain permission to divert farmland on January 2, 201, and used farmland B and C farmland 1,210 square meters leased by the Defendant as a site for an open water storage site.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Relevant legal provisions concerning criminal facts, Articles 57 (2) and 34 (1) of the Farmland Act that choose a penalty, the choice of imprisonment;
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. Although the grounds for sentencing under Article 62-2 of the Social Service Order Act include the area and period of farmland diverted without obtaining permission and considerable time, considering the following as a whole: (a) the illegal diversion of farmland has been restored to its original state; (b) the fact that there is no same kind of criminal record; and (c) the circumstances favorable to the defendant, such as the fact that there is no same kind of criminal record; and (d) other favorable conditions of sentencing as indicated in the argument of the instant case, including the defendant’s age, character and conduct, etc., the sentence of imprisonment is imposed on the defendant; and (b) the execution